„Alternative means of redress for consumers in Germany“ – ECC Germany – Ulrich Walter Alternative means of redress for consumers in Germany Budapest, 26 April 2006 Consumer Protection Seminar „Alternative means of redress for consumers in Germany“ European Consumer Centre Germany Ulrich Walter

„Alternative means of redress for consumers in Germany“ – ECC Germany – Ulrich Walter Alternative means of redress for consumers in Germany Budapest, 26 April 2006 The European Consumer Centres Network (ECC-Net)

„Alternative means of redress for consumers in Germany“ – ECC Germany – Ulrich Walter Alternative means of redress for consumers in Germany Budapest, 26 April 2006 Exemptions: -Parties not situated in the same Federal State -Family disputes -Special procedural rules Art. 15a EGZPO: Conciliation as a prerequisite for subsequent court proceedings in certain cases: Financial disputes up to an amount of 750 € Certain neighbourhood disputes Defamation disputes (not via media) Obligatory out-of-court-settlement

„Alternative means of redress for consumers in Germany“ – ECC Germany – Ulrich Walter Alternative means of redress for consumers in Germany Budapest, 26 April 2006 Facultative out-of-court-settlement -Approx. 500 ADR bodies throughout Germany -ADR bodies mostly run by professional organisations -Competence limited to disputes with members of the organisation -Sphere of competence is generally sectoral and regional

„Alternative means of redress for consumers in Germany“ – ECC Germany – Ulrich Walter Alternative means of redress for consumers in Germany Budapest, 26 April 2006 Non-exhaustive list of sectors that provide ADR schemes in Germany: -Financial sector: Insurance Ombudsman, Banking Ombudsmen (21 in total) -Automobile trade and repair: 224 guilds and chambers, 124 of them with ADR body -Retail and trade: Chambers of commerce and industry (82 all over Germany, 24 with ADR bodies for consumer complaints) -Building and construction: Chambers of architects and engineers -Skilled crafts: Chambers of craftsmen (48 all over Germany), local guilds (like electricians, carpenters etc.)

„Alternative means of redress for consumers in Germany“ – ECC Germany – Ulrich Walter Alternative means of redress for consumers in Germany Budapest, 26 April 2006 Prescription (article 204 para. 1 lit 4 BGB) - Obligatory out-of-court-settlement: suspension with filing of the application - Facultative out-of-court-settlement: suspension with filing of the application if the opponent agrees to seek conciliation Enforcement and Prescription Enforcement (article 794 para. 1 lit 1 ZPO) Only settlements concluded before an ADR body established or recognised by the state administration of justice (obligatory out-of-court-settlement) are enforceable instruments

„Alternative means of redress for consumers in Germany“ – ECC Germany – Ulrich Walter Alternative means of redress for consumers in Germany Budapest, 26 April 2006 Means of redress for consumers in Europe especially for cross-border disputes still have to be strengthened Conclusion The ADR system in Germany has advantages and disadvantages Legal background for alternative means of redress in Europe should be concerted

„Alternative means of redress for consumers in Germany“ – ECC Germany – Ulrich Walter Alternative means of redress for consumers in Germany Budapest, 26 April 2006 European Consumer Centre Germany Ulrich Walter c/o Euro-Info-Verbraucher e.V. Rehfusplatz Kehl am Rhein Germany Tel: Fax: